In Reversal, Board OKs Tim Hortons: TOWN OF LANCASTER

By Michelle Kearns, The Buffalo News, N.Y.

Oct. 16–The Lancaster Town Board, responding to a judge’s direction, rescinded an earlier “no” vote and Monday unanimously approved a plan to allow a Tim Hortons coffee and doughnut shop to begin construction on Transit Road at the Michael Anthony Lane intersection.

“If the court’s going to direct me to, I’ll follow the rules,” said Councilman Mark Montour, one of three board members who changed his “no” vote.

The three had been trying to support the people who lived on Michael Anthony and had signed petitions in complaint about the extra traffic that would come with the coffee shop. But a couple of weeks after the board’s 3-2 vote last month, the developer-owner of the lot at 4849 Transit filed a lawsuit for about $365,000 — the cost of the land combined with the potential loss of business.

“Tim Hortons was going to abandon the site and move to another one,” said Jeffery Palumbo, the lawyer representing the owner, Robert Nuchereno, of Williamsville’s Arista Development.

On Oct. 5, State Supreme Court Justice Joseph Glownia met with Palumbo and Lancaster Town Attorney Richard Sherwood in his chambers and concluded the board was “arbitrary” and “capricious” and had no legal grounds for its “no” vote, Palumbo said.

The project followed town planning and zoning rules, and the state Department of Transportation found the coffee shop, on less than an acre, would have no appreciable difference on traffic.

“The traffic’s already there,” Palumbo said Monday. “We were happy that the Town Board reconsidered their decision and granted the site plan approval.”

Board members who initially voted against Tim Hortons said they were aware that a lawsuit was possibility, but they had hoped to discourage the coffee shop.

mkearns@buffnews.com

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